Revolutionary War Pension and Bounty Land Warrant Application File S. 27,820, John Frey, New York

SERVICE
NUMBER
New York
Frey, John
S. 27,820
CONTENTS

32,310
Albany N.Y.
John Frey (da.)
of Montgomery in the State of N.Y. who was a Brigadier Maj in the Conn commanded by Captain of the N.Y. commanded by Genl Herkimer in the line for 14 Mch. 22 days
see let to G. S. apt. 45.
Inscribed on the Roll of Albany at the rate of 368 Dollars 33 Cents per annum. to commence on the 4th day of March, 1834. Ending 19 April 33, when he died
Certificate of Pension issued the 5 day of April 1845 and sent to Alexander Ray Esq.
Arrears to the 4th of Present Semi-annual allowance ending payable to John Frey, his Exec.
{ Revolutionary Claim, for June 7, 1832. }
Recorded by Book Vol. 4 Page 24, Clerk,

State of New York
Montgomery County ss. John Frey being duly sworn doth depose & say that Major John Frey late of the Town of Palatine in the County & State aforesaid died on the 19 th day of April 1833. with- out leaving a Widow & that no Child or Children survived him. & that this Deponent was his Executor
Subscribed & sworn to in Open Court this 11 th day of March 1845. before me, C. Brumley Clerk of Montg.
John Frey
State of New York Montgomery County Common Pleas Court
I Chester S. Brumley Clerk of said County and Clerk of the Court of Common Pleas of said County do hereby certify that Satisfactory Evid- ence has been adduced to said Court which in testimony that Major John Frey late of the Town of Palatine County & State aforesaid died on the 19 th day of April 1833 without leaving any Widows & that no Child or Children survived him & that John Frey above named was his Executor.
In testimony whereof I have hereunto set my hand & affixed the seal of the said Court this 11 th day of March A.D. 1845
Chester S. Brumley

35.886
John Frey dec d Ny.
Act 7. June '32
Comp. Act.
14 mo 22 day Bng. Mayn p. 368 33

Declaration
In order to obtain the benefit of the act of Congress of the 7th of June 1832.
State of New York - Montgomery County } S.S
On this Eleventh day of September 1840 personally appeared in Open Court, before the Court of Common Pleas now sitting John Frey a resident of said County and State, who being first duly sworn according to law, doth on his Oath make the following declaration as the executor upon the estate of John Frey deceased late of the County of Montgomery, in order to obtain the benefit of the act of Congress passed the 7th June 1832. And Statute, that no memorandum papers, or documents, appear to have been left by said John Frey of his revolutionary services, or appointment as a brigade Major: in the absence therefore, of any original papers the declarant in right of the said John Frey now living presents as evidence. 1 st a Certificate from the Dep: Sec y of State of New York, showing that on the 5 th of Sep r 1776 it was "Ordered that John Frey Esq. be appointed Brigade Major &c." And in paper marked N o 2 it is shown he received an invalid pension in consequence of a wound he received on the 6 th of August 1777 in the battle of Oriskany while in service as a Brigade Major in the regiment of Militia commanded by Col d Jacob Klock.
In paper N o 3 in an account made out by John Frey vs. the State of New York, a charge is made in 1782. 84: for two years half pay £ 240 and a deduction is made in the same of £147. 6. 8. being the Am t of Wages while in Captivity.
It will be observed in paper N o 1. under date of the 5 th Sep r 1776. John Frey was re-appointed a Brigade Major, thus showing he held the same appointment prior to that date - Reference is respectfully requested to the "Life of Joseph Brant by M c L. Stone N o 1. page 249. wherein it is stated on the night of the battle (the 6 th of August 1777) Col d Bellingr and Major Frey were prisoners; but how long said Frey remained as a prisoner it is not stated; but it would appear by Paper N o 3 that in making out an ac t . against the State of New

York as an invalid the sum of £147. 6. 8 in deducted for half pay while in Captivity. By this it would seem said, they remained in Captivity for some time after the 6 th August. 1777.
The declarant cannot state with precision the duration of John Frey's service as a Brigade Major, but from the well known fact of the continued and arduous service of the Militia under Genl. Herkimer in Tryon County in the State of New York, it is believed the active service of said John Frey including the time of his Captivity was upward of two Years; the records of Col. Jacob Klock Regt. and the list of prisoners in the Campaign if any such exist in the Department, may illustrate the fact now desired. The papers accompanying this declaration and the references begg'd to be refered to, as requested to be considered as a part of this declaration, and a claim is therefore asserted for the benefit of the Act 7 th . June 1832, from the 4 th March 1831, to the 19 th of April 1833, when said John Frey died, as will be shown by the evidence filed in his case as a Revolutionary Pensioner on the New York agency.
And he hereby relinquishes every claim, whatever to a pension or annuity except the present.
Sworn to and subscribed, the day and year John Frey Esq. aforesaid in open Court. C. Brumley Clerk of Court of Common Pleas for the same
I Chester S. Brumley Clerk of the Court of Montgomery do hereby certify that the foregoing contains the original proceedings of the said Court in the matter of the applicant John Frey for a pension in right of Brigade Major John Frey decd.
In testimony whereof I have hereunto set my hand and affixed the seal of the said Court this 11 th day of September 1844
Chester S. Brumley Clerk of Mont. County & Clerk of the Court of Common Pleas of said County

John Frey N.Y. Albany. Invalid - when last paid? said to have died in 1833.
15 Nov. '44
Died 19 th April 1833 paid to that period JH

State of New York
To John Fry Jr.
For my pay as Brigade Major of the Militia in Onondaga County during the time I was in captivity from 6 th Augt 1777 to 28 th October 1778 - 14 Mo. & 22 days at 50 Doll s per month $ 794.13.4
For Detained rations 442 days at 3 rations per day is 1326 rations 10 c per ration 55 5 0 349 18 4
By depreciation Note recd from the Auditor,
220.13.3 129.5.1
Audited 11 th April 1785.
Comptroller's Office Albany Dec. 19 th 1844
I certify the preceding to be a true copy from a Revolutionary Record (Book A. Page 209.) now remaining in this Office.
Philip Phelps Dep t Compt r

Extract from the Journal of the Provincial Convention of New York. Dated Sept. 5. 1776.
Resolved that the Militia of Tryon County be formed into a Brigade Separate from the Militia of Albany.
And Whereas Nicholas Herkheimer Esquire is justly entitled to be appointed the Brigadier General of the Brigade of Militia of Tryon County as well from his Military rank in that County as from his great merit and many Services in the present glorious Struggle for Liberty Therefore
Resolved unanimously that Nicholas Herkheimer Esquire be appointed Brigadier General of the Militia of Tryon County and that a Commission issue to him accordingly for that purpose and
Ordered that John Frey Esq r be reappointed Brigade Major of that Brigade.
State of New York Secretary's Office
I certify the preceding to be a true Extract from the minutes aforesaid
Arch d Campbell.
Dep. Sec. of State
Albany Sep. 30. 1843

paper No 1-
2

Extract from the Journal of the Provincial Convention of New York. Dated Sept. 5. 1776.
Resolved that the Militia of Tryon County be formed into a Brigade Separate from the Militia of Albany.
And Whereas Nicholas Herkheimer Esquire is justly entitled to be appointed the Brigadier General of the Brigade of Militia of Tryon County as well from his Military rank in that County as from his great merit and many exertions in the present glorious struggle for Liberty. Therefore
Resolved unanimously that Nicholas Herkheimer Esquire be appointed Brigadier General of the Militia of Tryon County and that a Commission issue to him accordingly for that purpose and
Ordered that John Frey Esq r be reappointed Brigade Major of that Brigade.
State of New York Secretary's Office
I certify the preceding to be a true Extract from the minutes aforesaid Arch d Campbell
Dep. Sec. of State
Albany Sep. 30. 1843

No 3

State of New York
To John Fry Dr
To my half pay as Brigade Major to Genl. Herkimer from 6 th Augt 1777 to 25 th March 1782. is 53 Months & 19 Days 35 doll. p. M. $556. 6. 8 Audited Albany May 25 th 1782
State of New York
To John Fry Dr
To my half pay as Brigade Major to Genl. Herkimer from 26 th March 1782 to 26 th March 1784 is 24 Months at 25 Dolls. pr Month $240. 0. 0 Deduct for half pay while in Captivity 147. 6. 8 92. 13. 4 Audited April 6 th 1784.
State of New York
To John Fry Dr
To my half pay as Brigade Major from 26 th March 1784 to 26 th March 1785 is 12 Months 25 Dollars pr Month } 120. 0. 0 Audited 11 th April 1785.
State of New York
To John Fry Dr
To my half pay as an Invalid Brigade Major from 26 th March 1785 to 26 th March 1786 is 12 Months 25 Dollars pr Month } 120. 0. 0 Audited 1 st April 1786.
State of New York
Comptroller's Office
Albany June 27 th 1843
Thereby certify the above to be a correct copy of an Account now remaining on file in this Office
Philip Phelps Secy Compt er

Apr 16 44
My John Frey Esq.
Oct 1832
Mr. L. Edwards Esq.
Com d of Pennans
War Department
Rev

Washington 17 th Sep. 1844
Sh
I enclose a declaration made by the Executor of John Frey dec d . late of New York for the benefit of the act of June 1837. for on account of the revolutionary services performed by the said John Frey as a Brigade Major of Militia of Troyon County State of New York.
Brig Major Frey received a invalid pension on the New York State roll up to the time of his death. 19 April 1833 at the rate of $300 per annum.
I am very
respectfully
Your Hon or
Alas. May
J. L Edwards Esq Comm r of Pensions

John Fry came before me then one of the Justices of the County of Montgomery in the State of New York and made oath that he was examined by Abraham Vanhook and Peter Ganvoort Logg app- ointed by the said State for that purpose obtained a certificate or had his certificate examined and countersigned setting forth that he had served as a Brigade Major in the Regiment of Militia commanded by Col Jacob Klock that he was wounded in his left arm at Brice on the 8 th of August 1777 and that he now lives in the District of Pollington and in the County of Montgomery State of New York May 16 th 1787 shown before me then thereunto
John Fry
John Fry Invalid Brigade Major from 1 st June 178 to 1 st June 1787 £120. 0. 0
Audited 2 nd June 1787
Comptroller's Office Albany June 27 th 1843
I hereby certify the above to be a correct copy of an affidavit now remaining on file in this office
Nikijah Hooper
Dep. Comptroller

John Fry came before Sam l Thorne one of the Justices for the County of Montgomery in the State of New York and made oath that he was examined by Abraham Tenbroek and Peter Gansevoort Jun and Philip Schuyler Esqs appointed by said State for that purpose obtained a certificate or had his certificate examined and countersigned setting forth that he served as Brigade Major in Col Jacob Klocks Regiment of Militia that he was disabled by a wound in his left arm on the 6 th day of August 1777 and that he now lives in the County of Montgomery Falling the District and State of New York
Sworn before me this 18 th day of May 1788 } Sam l Thorne Justice
John Fry
From 1 st June 1787 to 1 st June 1788. is 7 months £10. per Month £70.0.0 Audited 1 st Sept r 1788.
Comptroller's Office } Albany June 27 th 1843
I hereby certify the above to be a correct copy of an Affidavit now remaining on file in this office
Philip Schuyler
Deputy Comptroller

State of New York Montgomery County Clerks Office P.
I Chester D. Brumley Clerk of Said County do hereby certify that satisfactory Evidence has been produced to me that John Frey late of Palatine Montgomery County died on the 19 th day of April 1833 or thereabouts and that he left no widow, and that John Frey is the Executor of the Estate of the said John Frey and the testimony whereof I have hereunto set my hand and affixed the Seal of the said County this 11 th day of September 1844
Chester D Brumley Clerk of Said County & Clerk of the Court of Common Pleas of Said County

Dec 24. 1844
Mrs Fanny Mayhew
off
L Edwards Esq.
A. Ray Preb.
Con d of Penmans
additional evidence

Washington Sept 24. 1884
Sir,
In your letter 25 th Ult o , in the case of John Hey de d . late of New York, you state - "By reference to his papers as an Invalid pensioner, no information is afforded, except that he was allowed by the State of New York a pension for a wound received on the 6 th August 1877, from the date of his wound, and that in 1882. Gov. Clinton gave him a certificate that he had been so disabled by that wound that he ought to be exempt from guard and garrison duty."
You further state. "The Militia at the period of the battle of Oriskany were in service a few days only, and that he was not in service subsequently, but is entitled for his captivity if its length can be shown with the required Certainty."
I herewith enclose a Certificate from the Dept. Compt. of the State of New York. Showing on the 19 Oct 1877 11 April 1880 he was allowed $14 m 22 s . for pay while in captivity at the rate of 50 c per month from the 6 Aug r . 1877 to the 28 Oct. = 1878. which is conclusive evidence, that at that early date when the facts and incidents were fresh to recollection the Auditor allowed the pay while in captivity. which I presume is satisfactory in your mind to fix the time also.
It may be true as you state. The Militia at the period of the battle of Oriskany were in service a few days. Is it not reasonable to infer if the Militia men were but a few days in service

That the General Officers were always considered in Service, more particularly the Brigade Major or the Commanding Officer. It is not to be supposed, that their high appointments could have been made, much even necessary for a call of the Militia, which the history of the time at that period shows to have been almost daily. The Legislation of the State of Penn which I believe conferred the appointment of Brigade Major and higher Officers, was not always in session. make it the more satisfactory to my mind, that the appointment of Brigade Major, was not made for any given time, but always in readiness to meet any demand for Militia Service. So that, altho' the Militia as one body, may not have served for one mo th or for 12 mo th it is not conclusive evidence, that the Commanding Officer was not in Service. Under this impression it seems to me it would be an strained decision to acknowledge that Brigade Major Fry was in Service from the 5 Sep. 1776 to the 6 Augt 1777. when he was captured, or so much of the time to make up the two year Service receiving the 16 mo th & 22 d while in captivity.
Major Fry died without leaving a widow as the Clerk of the Court Certified State, I believe the executor is the only heir.
Yours respectfully
Yours Br Servt
Abn. New
J. S. Edwards Esq. Comm ee of Pension

No 35886
John Fry decd N.Y.
Act 7 June 1832
Adm o . 14 mo. 22 days
Bengal Major
$368. 75 per Annu
from 4 March 1831 to 19 th
April 1833 payable to
John Fry his Executrix
Alscandron Ray Present.

New York
John Frey, Brigade Major, N.Y. regt Inf'ty U.S. Army
Subscribed on the Roll of the New York Agency at $25 pr mo.
Formal pension Certif. delivered May 11 th 1826 to Hon. J. W. Lady H. R.

No 11
By his Excellency George Clinton Esq Governor of the State of New York &c &c -
These may certify that satisfactory Proof has been shown to me that John Knapp on the 6 th Day of August 1777 at the Battle of Oriskoy then acting as Brigade Major to General Harkimer who drawn forth his Brigade of Militia of this State for the Relief of Fort Schuyler when invested the common Enemy received a Wound in his left Arm through the Joint, which has disabled him his incapable of getting a livelihood & I am of Opinion that an Exception should be made in his favour and an Exception granted him from performing guard or garrison duty he having a Family & being also peculiarly circumstanced -
Given at P'keepsie 25 March 1782
Geo. Clinton
The foregoing is a true copy taken from the Original
Peter Van Cortlandt State Auditor

New York Montgomery County ss.
On this 26 th day of April 1884, before me A. H. Glynn a Justice of the peace in and for the County of Montgomery personally appeared John Frey, who being by me duly sworn Saith, that he is the same person, who was formerly a brigade Major to Brigadier Gene- ral Herkimer, and who is named and intended in the Certificate hereto annexed - That this deponent has been informed, and believes to be true that his name was placed on the pension roll of the State of New York - That no certificate of that fact under the signature and seal of the Secretary of War was ever received by him, as he verily believes, and that he now wishes to receive such a certificate - That his name was placed on the pension roll of the State of New York, as he has been informed and believes to be true, by the aid and interference of Abraham Ten Broeck and Peter Gansevoort Junior, under whose signature a certificate in his behalf, was made - That he does not now believe that he ever was in possession of said Certificate, but that he has uniformly been in possession of a copy thereof, and that the said Certificate is of the tenor and purport as follows, as he believes to be true - "We the subscribers Abraham Ten Broeck and Peter Gansevoort Junior Certify, that upon an examination in pursuance of the law entitled 'An Act making provision for Officers Soldiers and Seamen who have been disab- led in the Service of the United States, passed the 22 nd day of April 1786.' we do find that John Frey, residing in the State of New York, aged forty seven years, late a Major Brigade to Brigadier General Herkimer, and claiming Relief under the said Act, is entitled to the same, as he is in fact, and that he became disabled in the Service of the United States in con- sequence of a wound in his left arm, on the 6 th day of August 1777, at the battle of Oriskie - And we do further certify that the said John Frey that upon the principles of the said Act of Congress, the said John Frey is entitled to the pay of twenty five dollars per month - Given under our hands at the City of Albany on the 14 th day of September in the year of our Lord one thousand seven hundred and eighty six - Abm. Ten Broeck Peter Gansevoort Junr 22 " And further this deponent saith not
Sworn and subscribed to, before me the day and year aforesaid
John Frey
A. H. Glynn Justice of the peace in and for the County of Montgomery

State of New York
Montgomery County ss. I know G. Yates Clerk of the said County do certify that the name of Adam H. Van Klief subscribed to the within oath of declaration is the proper hand writing of the said Adam, and that he was on the twenty sixth day of April last past, one of the Justices of the peace of the said County, duly constituted and qual- ified according to law. In testimony whereof I have hereunto affixed the seal of the said County and subscribed the same with my name. It is this third day of May one thousand eight hundred and twenty four. — G. Yates Clerk

27820 INVALID.
Reg war
File No. 27,820
John Kelly Brigade Major, N.Y. Prov.
Act: .....
Index:—Vol. 9, Page 144
[Arrangement of 1870.]

J. L. Edwards Esq. Pension office.

Dear Sir,
I wish you to look at the enclosed, and send me a certificate as soon as your convenience will permit.
Your most obedt Servt
John W. Eddy
May 10. 1824